(34.1) Despite subsection (34), an approval authority shall not approve any part of a lower-tier municipality’s plan if the plan or any part of it does not, in the approval authority’s opinion, conform with,
(a) the upper-tier municipality’s official plan;
(b) a new official plan of the upper-tier municipality that was adopted before the 120th day after the lower-tier municipality adopted its plan, but is not yet in effect; or
(c) a revision of the upper-tier municipality’s official plan that was adopted in accordance with section 26, before the 120th day after the lower-tier municipality adopted its plan, but is not yet in effect. 2015, c. 26, s. 18 (10); 2017, c. 23, Sched. 3, s. 6 (6); 2019, c. 9, Sched. 12, s. 3 (6).
Subsection 17(40.2) is the counterpart to subsection 17(34.1) in that it provides that there is no appeal of a non-decision by an approval authority of a lower-tier official plan/amendment where, within the 120 day period (or an extension), the approval authority states that, in its opinion, the plan/amendment is non-conforming with the upper-tier municipality's official plan.
For amendments to a lower-tier municipality's official plan, subsections 17(34.1) and 17(40.2) apply only to official plan amendments adopted in accordance with section 26 (revisions in regard to provincial plans, matters of provincial interest and policy statements) (s.21(2)).